• January 23, 2018

Top 20 Assignment and Subletting Provisions

Top 20 Assignment and Subletting Provisions

  1. Tenant’s right to sublease and assign;
  2. What a tenant’s written request to landlord for consent should include;
  3. When a landlord’s time to respond to a tenant’s request for assignment and subletting should begin, and when must it respond by;
  4. Landlord’s recapture and leaseback rights;
  5. Carve-outs from recapture and leaseback rights;
  6. What a landlord conditions its consent to an assignment and/or sublet on;
  7. Landlord and tenant splitting profits and key-money;
  8. Landlord’s right to increase fixed rent upon assignment;
  9. Landlord’s right to additional security deposit upon an assignment
  10. When an assignment or sublet is binding upon landlord, and tenant’s continuing liability thereafter;
  11. The connection between assignment and subletting, use and guaranty provisions;
  12. What landlord’s rights are with respect to an assignment;
  13. Who pays for landlord’s review of an assignment or subletting request;
  14. What transfers are “deemed” to be an assignment;
  15. Financial and non-monetary safeguards for landlords in the event of an assignment;
  16. Making each sublease subordinate to the original lease;
  17. Landlord’s use prohibitions and restrictions;
  18. Carve-outs to requiring landlord’s consent to a sublet or assignment;
  19. Desk sharing and permitted occupants; and
  20. Pro-tenant exclusivity rights.

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